Allahabad HC order- Justice Bhanot

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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. -
18887 of 2022
Applicant :- Nawab
Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma,Abhas
Sharma
Counsel for Opposite Party :- G.A.,Ashok Kumar Singh
Hon'ble Ajay Bhanot,J.
1. By means of this bail application, the applicant has
prayed to be enlarged on bail in Case Crime No. 94 of 2022
at Police Station Simbhawali District Hapur under Sections
147, 148, 504, 307, 354Kha, 324 I.P.C. The applicant is in
jail since 11.03.2022.
2. The bail application of the applicant was rejected by
learned Sessions Judge, Hapur on 11.04.2022.
3. Shri Rajesh Kumar Sharma, learned counsel assisted by
Shri Abhas Sharma, learned counsel for the applicant
contends that the applicant has been falsely implicated in
the instant case. The F.I.R. arises out of an altercation
between political rivals which suddenly escalated into a
violent brawl. The incident occurred in the aftermath of
election results which saw sloganeering and frayed tempers.
Mobs from two sides engaged in violence. The F.I.R.
assigns a general and vague role in the assault to the
applicant. The applicant has not been identified as the
principal offender who inflicted life threatening injuries on
the injured persons. The nature of injuries as recorded in the

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medical reports establishes that there was no intent to kill or
cause grievous hurt. The applicant did not behave
inappropriately with any lady. Prosecution evidence does
not connect the applicant with the offence. Learned counsel
for the applicant claims congruency in role and seeks parity
in relief granted to the co-accused namely Ansar who have
been enlarged on bail by this Court by order dated
20.05.2022 in Criminal Misc. Bail Application No. 18632
of 2022. Learned counsel for the applicant contends that the
applicant does not have any criminal history apart from this
case.
4. Shri Indra Prakash Srivastava, learned AGA for the
State and Shri Ashok Kumar Singh, learned counsel for the
informant could not satisfactorily dispute the aforesaid
submissions from the record. However, they point out that
no one from the applicant's side sustained injuries. Learned
AGA does not dispute the fact that the applicant does not
have any criminal history prior to the instant case.
5. I see merit in the submissions of learned counsel for the
applicant and accordingly hold that the applicant is entitled
to be enlarged on bail.
6. Ordinarily the order should end here. However, I recall
the words of Chief Justice Roberts of the U.S. Supreme
Court "When judges render their judgements through
written opinions that explain their reasoning they advance
public understanding of the law. Chief Justice Warren
illustrated the power of a judicial decision in Brown Vs.

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Board of Education “…….every citizen could understand
its rationale."
7. Discourse in courts which reflects on social ills and legal
challenges is also a reservoir of alternative thought, and
may become a catalyst of positive change. Legal dialogues
in courts can also help in arresting aberrational tendencies
in the society.
8. Incidents of mob violence spread disaffection in the
society and are incompatible with the rule of law and have
no place in any civilized nation. Law will take its course
and the offenders have to face justice. However, there is
another aspect to this issue which cannot be neglected.
9. Sectarian violence fractures the peace, and fissures the
society. Politics is indispensable for democracy. But politics
cannot monopolize dialogue. Law and courts are not the
only instruments to deal with problem. All sections of the
society have to own up to their responsibilities to promote
fraternity among all citizens and ensure peace.
10. Ganga Jamuni Tehzeeb is not a ritual to be observed in
conversations, infact it is a soul force to be harnessed in
conduct. Ganga Jamuni Tehzeeb culture is not mere
tolerance of differences, but heartful embracement of
diversity. The ethos of the State of Uttar Pradesh brings out
the catholicity of Indian philosophy.
11. Seakers of different paths would do well to remember
the Father of the Nation. The Mahatma by the example of
his life and the fact of his death, reminds us that the quest of

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all religions and the essence of an Indian’s Dharma is love
for fellow beings. Someone's hate consumed his body, but
not his love for humanity. A bullet stilled his mortal frame
but could not silence the truth in him.
12. Promptly rejoining, Shri Rajesh Kumar Sharma,
learned counsel assisted by Shri Abhas Sharma, learned
counsel for the applicant and Shri Ashok Kumar Singh,
learned counsel for the informant contend that the
applicant's side and the informant's side respectively are
worthy inheritors of this priceless heritage and will never
cede this legacy. As a matter of conviction and deeply held
values, it is submitted by both the learned counsels that the
respective parties seek to take measures to keep the peace
and restore the traditional harmony and faith between all
sections of the society.
13. Shri Rajesh Kumar Sharma, learned counsel assisted by
Shri Abhas Sharma, learned counsel for the applicant and
Shri Ashok Kumar Singh, learned counsel for the informant
submit that respective parties would serve cool Sherbet
(शर्बत) and water to passersby and thirsty travellers for one
week at a public place in District Hapur at a date and time
of their choosing in May-June 2022. Shri Rajesh Kumar
Sharma, learned counsel volunteers to be present at the
event, since he belongs to that area.
14. The calling of law is a summons to public service. It is
reassuring that notables of the legal profession are
conscious of their public duties to promote constitutional

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values. Selfless service and refined dialogue will strengthen
the resolve of the society to shun hate and violence.
15. The parties may make an application to the
Superintendent of Police, Hapur and the District Magistrate,
Hapur in this regard. The local police and administration
shall ensure that appropriate arrangements are made so that
the activity can continue in peace and without any
impediment and creates the intended goodwill and amity.
16. Many generations of Indians gave their blood, sweat,
tears and toil to wrest freedom from the shackles of slavery.
The founding generations had steered the country through
stormy seas; it is the duty of all Indians to helm the nation
into calm ports. The poet Pradeep was at lyrical best when
he beckoned Indians to fortify the hard won republic:
"हम ला ए ह तफ़ा न से कश्त निनक ला क,
इसे देश क रखन मर र्बच्चों सेम्भा ला क।
त#म ह भानि$ष्य ह मर भा रत नि$श ला क,
इसे देश क रखन मर र्बच्चों सेम्भा ला क।"
17. In the light of the preceding discussion and without
making any observations on the merits of the case, the bail
application is allowed.
18. Let the applicant- Nawab be released on bail in the
aforesaid case crime number, on furnishing a personal bond
and two sureties each in the like amount to the satisfaction
of the court below. The following conditions be imposed in
the interest of justice:-
(i) The applicant shall participate in the cool water and

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Sherbet distribution event as discussed earlier in the order.
(ii) The applicant will not tamper with the evidence during
the trial.
(iii) The applicant will not influence any witness.
(iv) The applicant will appear before the trial court on the
date fixed, unless personal presence is exempted.
(v) The applicant shall not directly or indirectly make
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him from
disclosing such facts to the Court to any police officer or
tamper with the evidence.
19. In case of breach of any of the above condition, the
prosecution shall be at liberty to move bail cancellation
application before this Court.
20. A copy of this order shall be sent by the Registrar
General of this Court to the Superintendent of Police, Hapur
and the District Magistrate, Hapur, for compliance and the
above directions.
Order Date :- 20.5.2022
Kumar Dhananjai
Digitally signed by DHANANJAI
Date: 2022.05.24 14:15:23 IST
Reason:
Location: High Court of
Judicature at Allahabad